+49 152 02819858

+90 542 350 66 01

umt.oz @ hotmail. com

Attorney Ümit ÖZ

Turkish Criminal Law Attorney 

 

Arrest Warrant in Turkey

 
  1. “Is There an Arrest Warrant Against You?” (Haftbefehl bestehen?)
    A person may have an arrest warrant (Haftbefehl) issued against them for allegedly committing a crime in Turkey. In this case:
  • The arrest warrant can be forwarded to judicial authorities within Turkey or in the country where extradition procedures are taking place.
  • If you are in Germany, the European Arrest Warrant mechanism may be activated under judicial cooperation between Turkey and Germany.
  • The existence of an arrest warrant can be queried through UYAP (if a criminal case has been filed and there is no confidentiality order) at courts or public prosecutor offices.
  • It is important to review, together with your lawyer, whether the arrest warrant was issued in accordance with legal procedures and to apply for its annulment or suspension if necessary.
  1. GBT Inquiry (Gebühren-/Personenauskunft, GBT Abfrage)
    A GBT (General Information Collection) inquiry is a system check conducted by Turkish Police/Gendarmerie to verify a person’s identity, criminal record, address, and other information.
  • As a result of a GBT inquiry, it may appear that “there is an arrest warrant against you.”
  • Your lawyer can check such records and review the history of inquiries.
  • If an arrest warrant exists, the file at the judicial authority that issued the warrant should be examined, and a defense should be prepared against the alleged crime.
  1. Drug Trafficking (Drogenhandel / Betäubungsmittelhandel)
    Drug trafficking offenses are among the crimes in the Turkish Penal Code that carry severe penalties.
  • A defense strategy is crucial for anyone accused of this crime.
  • Prosecution of suspects takes place in Heavy Penal Courts (Ağır Ceza Mahkemeleri).
  • In investigations conducted by the Public Prosecutor’s Office, extensive evidence collection is common, including phone tapping, technical surveillance, and the use of confidential witnesses.
  • The role of the accused (seller, organizer, subordinate, courier, etc.) directly affects the penalty.
  • If there are claims of organized crime involvement, the case may also be classified as “organized criminal acts (organisierte Kriminalität / bandenmäßige Straftaten).”
  • In defense, the legality of the evidence, unlawful surveillance or interception, the legality of search and seizure operations, and the reliability of witnesses are important arguments.
  1. Berlin / Frankfurt Consulates
    If a criminal investigation or prosecution has been initiated against you, you can still obtain a Power of Attorney for your lawyer from the Notary Section of Turkish Consulates, even if there is an arrest warrant.
  • Whether you are a defendant in a Minor Penal Court or a Heavy Penal Court, arrest warrants are not enforced at Turkish Consulates abroad.
  1. Attorney Power of Attorney (Vollmacht / Anwaltsvollmacht)
    If you reside abroad, in order for your lawyer to represent you in Turkey, a Power of Attorney (Vollmacht / Anwaltsvollmacht) must be issued:
  • The Power of Attorney can be obtained at the Notary Section of the nearest Turkish Consulate.
  • Living in Berlin does not prevent you from issuing a Power of Attorney at the Hamburg Consulate.
  • The scope of the Power of Attorney must be explicitly stated: it must be a general litigation Power of Attorney.
  • With this Power of Attorney, your lawyer can access UYAP records, examine files, correspond, attend hearings, present defenses, and conduct appeals or other legal proceedings on your behalf.
  • Without a Power of Attorney, some actions (e.g., querying criminal records, attending hearings) may be limited.
  • A general attorney Power of Attorney template is available at the Notary Sections of Turkish Consulates in Germany.
  • You can issue a Power of Attorney by making an appointment at the Notary Section of the Turkish Consulate in Berlin, Hamburg, or Frankfurt using your Turkish ID card, blue card (if applicable), or passport containing your Turkish ID number.